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Supreme Court Rules Against Aereo

By J. Alexander Lawrence

On June 25, 2014, the U.S. Supreme Court issued its opinion in ABC v. Aereo, Inc., No. 13-461 (U.S. 2014). In a 6-3 decision, the Court reversed the Second Circuit's holding that Aereo did not directly infringe the copyright owners' public performance rights through the operation of the “Watch Now” function of its service.

In reaching its decision, the Court held that it needed to answer two narrow questions. First, does Aereo perform the copyright works at issue? Second, if Aereo does perform those works, does it perform them publicly?

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